IN THE SUPREME COURT OF SAMOA
Police v Tui SAMUELU [2016] WSSC 42

Case name: 	Police v Tui SAMUELU 	
		
Citation: 	[2016] WSSC 42	
		
Decision date: 	01 April 2016	
		
Parties: 	Police (Informant) and Tui SAMUELU, male of Tafaigata and Vailoa Faleata (Defendant)	
		
Hearing date(s): 		
		
File number(s): 		
		
Jurisdiction: 	CRIMINAL	
		
Place of delivery: 	Supreme Court of Samoa, Mulinuu	
		
Judge(s): 	Laulusāmanaia Justice Mata Tuatagaloa 	
		
On appeal from:		
		
Order:	Convicted and sentenced to two years’ imprisonment cumulative on current sentence.	
		
Representation: 	Ms L Sio for the Prosecution
Defendant in Person	
		
Catchwords: 	Burglary – theft – escape from prison – currently in custody for previous offences – custodial sentence	
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
Summary of decision:		

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN:

P O L I C E
Prosecution

AND:

TUI SAMUELU, male of Tafaigata & Vailoa Faleata
Defendant

Counsel:	
Ms L Sio for the Prosecution
Defendant in Person

Sentence:	01 April 2016

sentencing of Justice Tuatagaloa
1. 	You are to be sentenced on the following offending:
•	Burglary: maximum 10 years’ imprisonment;
•	Theft: maximum 7 years’ imprisonment; 
•	Escape: maximum 2 years’ imprisonment.
2. 	On 6 May 2015 you escaped from Tafaigata Prison where you are currently serving imprisonment terms.
3. 	On 7 May 2015 at night you broke into the house of Lealiiee Rudy Ott at Palisi and stole properties to the total value of $5,000.
4. 	You have a long list of offending dating back to 2013.  You are currently serving imprisonment terms for similar offences of burglary/theft and escape.  I don’t think any imprisonment term long or short will have any impact or effect on you.  You are what some people will call a professional criminal; this is the only life you know. Committing crimes is an addiction that you cannot live without.  You are a danger to society.  To keep society safe from criminals like you imprisonment term is the only measure to be imposed.
5. 	You are convicted and sentenced as follows:
•	Burglary: starting point two years; uplift of six months for previous offending of similar nature.  The only mitigating feature is your early guilty plea which earns you a 1/3 discount. This leaves 20 months or one year & eight months.
•	Theft: starting point of 12 months; uplift of six months for previous offending; less 1/3 discount for early guilty plea.  This leaves 12 months or one year.
•	Escape: You are sentenced to four months’ imprisonment. 
6. 	You are to serve the above sentences as follows with the burglary as the leading offence:
•	The 12 months imprisonment for theft is to be served concurrent with the burglary term of 20 months.
•	The four months imprisonment term is cumulative to the 20 months term for burglary.
_________________________
JUSTICE TUATAGALOA